Florida Workers' Comp

JULY 24, 2022

In March 2022, I was honored to speak (briefly) at the Workers' Compensation Research Institute (WCRI) conference in Boston, see Friends, Romans, countrymen, lendme your ears (March 2022). Law professor Emily Spieler , Northwestern University School of Law was included, as was workers compensation attorney Alan Pierce.

Commissions 80

Commissions Workers’ Compensation Construction Transportation 80

Florida Workers' Comp

FEBRUARY 1, 2022

In March 2022, the American Bar Association Trial and Insurance Practice (TIPS) section is bringing back its mid-year meeting. This annual tradition has come to have special meaning for the workers' compensation attorney community because of the College of Workers' Compensation Lawyers (CWCL).

Workers’ Compensation 104

Workers’ Compensation Commissions Compensation System Mining 104

Workers' Compensation

SEPTEMBER 11, 2023

Reporting Requirements The new EPA asbestos reporting rule requires certain entities that manufactured, imported, or processed asbestos from 2019 to 2022 with annual sales of $500,000 or more to report their asbestos use. The new rule is expected to have a significant impact on employers. See also, Safer Chemicals, Healthy Families v.

Workers’ Compensation 69

Workers’ Compensation Manufacturing Compensation System Medical 69

Workers' Compensation

AUGUST 12, 2022

The workers’ compensation system works because there is certainty in the amount and type of benefits available. The lack of an authorized treatment for long COVID disrupts that model and leaves employees, employers, and insurance companies with an unpredictable future. On the promising side. Recommended Citation: Gelman, Jon L.,

Workers’ Compensation 52

Workers’ Compensation Compensation System Government Insurance 52

The Workcomp Writer

OCTOBER 26, 2022

a firefighter who was diagnosed with cancer and believed the disease was caused by the employment could only seek benefits from the employer by filing a workers’ compensation claim. The statute did not simply alter the means by which firefighters obtain already-existing workers’ compensation benefits. Volusia Cnty.

Workers’ Compensation 72

Workers’ Compensation Compensation System Benefit Providers Employment 72

Florida Workers' Comp

JULY 4, 2022

On May 5, 2022, the Governor signed SB 542 (whose companion had been HB 411 until it was "laid on the table" in March after the House committee process). See Who is the Employer? The application of workers' compensation in Florida is dependent upon that employment relationship. March 2021). See section 440.09 , Coverage.

Workers’ Compensation 80

Workers’ Compensation Compensation System Medical Salary 80

Florida Workers' Comp

JANUARY 8, 2023

More than once during the preparation of the recent 2022 OJCC Annual Report, I overlooked an order or two for too long in my preoccupation. The doctor failed to appear initially and was ordered to appear in February 2022. He was ordered to appear and failed again in June 2022. He did not. The doctor did not. Requests may come.

Workers’ Compensation 80

Workers’ Compensation Compensation System Medical IT 80

The Workcomp Writer

AUGUST 31, 2022

Tullock , 2022 N.M. 29, 2022)]. Under the New Mexico statute, it seems that a commuting employee is not within the course and scope of the employment unless her person or car is struck by a co-employee. Finn was involved in a motor vehicle accident while on her way to work for the employer. LEXIS 46 (Aug. Background.

Workers’ Compensation 59

Workers’ Compensation Compensation System Utilities Employment 59

Florida Workers' Comp

JULY 28, 2022

Photo copyright 2022 David Langham. National Geographic notes that “many (governments) had systems for anonymous denunciation of one kind or another." I have heard from lawyers for years regarding their perceptions of the Florida workers' compensation system, and those who run it. See Starfish (February 2022).

Construction 104

Construction Workers’ Compensation Compensation System Government 104

Workers' Compensation

JUNE 19, 2022

The workers’ compensation system nationally has been challenged over the last two plus years of the COVID Pandemic. The multi-state administered workers’ compensation program is based on a litigious patchwork of state programs with varying degrees of eligibility, procedures, and benefits. Recommended Citation: Gelman, Jon L.,

Workers’ Compensation 52

Workers’ Compensation Compensation System Medical Hospitality 52

Workers' Compensation

JUNE 21, 2022

preempts a state workers’ compensation order that compels an employer to reimburse an employee for the cost of marijuana used in response to pain arising from a work-related injury.” The petitioner further argued that Minnesota’s workers’ compensation system does not facilitate access to marijuana. 801 et seq.,

Medical 64

Medical Workers’ Compensation Insurance Carriers Government 64

Workers' Compensation

MAY 31, 2022

The US Supreme Court (SCOTUS) is scheduled to conference the Minnesota Supreme Court’s decision prohibiting reimbursement of medical marijuana costs in a workers’ compensation claim. The Petitioner for a Writ of Certiorari conference is listed for Thursday, June 16, 2022. Mendota Heights Dental Center, et al., 801 et seq.,

Medical 52

Medical Workers’ Compensation Insurance Carriers Government 52

The Workcomp Writer

APRIL 3, 2023

The Court acknowledged that under the state’s statutory scheme it was difficult, although not impossible, to establish a causal connection between the employment and the virus. On March 1, 2022, the claim administrator denied Foster’s claim for COVID-19. Board Says “Yes” In early March, 2022, Bruce Guberman, M.D.,

Workers’ Compensation 52

Workers’ Compensation Medical Hospitality Utilities 52

Workers' Compensation

SEPTEMBER 23, 2023

Environ Health 21, 92 (2022). In 2022, Apple generated over $205 Billion from iPhone sales, accounting for over 52% of its net sales. Motorola launched the initial commercial cellular network in 1973 as a 1G analog system. 2022), Certiorari denied 143 S.Ct. See also Balmori, A. Environmental Research , 214 , 113851.

Workers’ Compensation 59

Workers’ Compensation Manufacturing Commissions Government 59

Workers' Compensation

JULY 14, 2023

As of now, the risk of fraud, waste, and abuse in New Jersey’s workers’ compensation system remains unacceptably high.” In fiscal year 2022, the Division processed about 8,000 claims, amounting to $96 million in total costs. million from July 2020 to October 2022. The vendor billed the Division about $6.5

Workers’ Compensation 52

Workers’ Compensation Family and Medical Leave Act Government Medical 52

The Workcomp Writer

DECEMBER 31, 2022

A New York appellate court affirmed an award of benefits to an employee who contracted COVID-19 in spite of the fact that New York had no special presumption of compensability regarding such claims [ Matter of Pierre v. ABF Freight , 2022 N.Y. Upon administrative review, the New York Workers’ Compensation Board affirmed.

Workers’ Compensation 52

Workers’ Compensation Medical Compensation System Transportation 52

Workers' Compensation Perspectives

DECEMBER 7, 2022

Comparative studies provide stakeholders with context in assessing system performance and policy makers with objective data for decision making. Unfortunately, comparative studies of workers’ compensation system features and outcomes are rare. As with all forms of measurement, comparative analysis is costly and time consuming.

Workers’ Compensation 52

Workers’ Compensation Compensation System Medical Insurance 52

The Workcomp Writer

MAY 24, 2022

Law § 114-a and that based on that misrepresentation, the worker should retroactively be barred from receiving workers’ compensation wage replacement benefits and further, should be prospectively disqualified from receiving future benefits [ Matter of Ali v. May 19, 2022)]. New York City Dept. LEXIS 3224 (3d Dept. Workers’ Comp.

Workers’ Compensation 45

Workers’ Compensation Compensation System Commissions Medical 45

Workers' Compensation

AUGUST 15, 2022

A major disrupters in the workers’ compensation system is hurricanes. The 2022 Season is still predicted to be an abnormally high season. Workers’ compensation benefits are available to injured workers due to the consequences of hurricanes, including injuries from flooding and wind.

Workers’ Compensation 52

Workers’ Compensation Compensation System Media Insurance 52

The Workcomp Writer

MARCH 25, 2024

In those rulings, the Commission and the Court of Appeals had found that the costs of a claimant’s bariatric surgery should be borne by the employer because the claimant needed to lose weight to undergo surgery to repair hardware in her knee that had loosened due to two work-related injuries. 124, 468 S.E.2d 198, 873 S.E.2d

Commissions 40

Commissions Workers’ Compensation Medical Compensation System 40

The Workcomp Writer

OCTOBER 26, 2022

a firefighter who was diagnosed with cancer and believed the disease was caused by the employment could only seek benefits from the employer by filing a workers’ compensation claim. The statute did not simply alter the means by which firefighters obtain already-existing workers’ compensation benefits. Volusia Cnty.

Workers’ Compensation 40

Workers’ Compensation Compensation System Benefit Providers Employment 40

Workers' Compensation

JULY 3, 2022

An asbestos manufacturer or supplier that places inadequate warnings on asbestos bags used in the workplace has a duty to warn the worker, regardless of whether it provides the employer with the correct information, which is reasonably intended to reach its employees. 34:15-7 to -35.22.” Adequate warnings provide workers with a choice.

Medical 52

Medical Manufacturing Workers’ Compensation Government 52

The Workcomp Writer

SEPTEMBER 19, 2022

2022-NCCOA-595, 2022 N.C. Fault should play no role within the workers’ compensation scheme. Accordingly, the Seagroves test had not been satisfied by the employer. Richards sought workers’ compensation benefits for a “low back” injury. Shortly after the accident, the employer terminated Richard’s employment.

Workers’ Compensation 64

Workers’ Compensation Commissions Employment Construction 64

The Workcomp Writer

JANUARY 16, 2023

According to the National Conference of State Legislatures , as of February 3, 2022, 37 states 1 , the District of Columbia, and three U.S. As of this writing, appellate courts in eight states have addressed whether employers and/or workers’ compensation insurers may be required to reimburse injured workers for the cost of medical marijuana.

Workers’ Compensation 52

Workers’ Compensation Medical Insurance Insurance Carriers 52

Workers' Compensation Perspectives

JULY 4, 2024

The apparent rise in mental disability claims is a significant issue for disability insurers and workers’ compensation systems. The observed rise in workers’ compensation claims for mental injury must be interpreted in context. WorkSafeBC is the exclusive insurer for workers’ compensation in British Columbia, Canada.

Disability Insurance 52

Disability Insurance Workers’ Compensation Insurance Family and Medical Leave Act 52

Workers' Compensation Perspectives

JULY 5, 2022

In the US (source: US BLS Current Population Survey, quarterly, non-seasonally adjusted 2002 and 2022 extracted June 2022): The employed non-farm labour force age 65 and over has increased by 2.5 of males aged 65 to 69 are employed (Q1 2022) vs. 29.5% of males aged 65 to 69 are employed (Q1 2022) vs. 29.5% in (Q1 2002).

Workers’ Compensation 52

Workers’ Compensation Health and Welfare Compensation System Transportation 52

The Workcomp Writer

MARCH 12, 2024

2d 612 (2022). As we note in Larson, the excessive and indiscriminate use of the lump-summing device has reached a point in some jurisdictions that it threatens to undermine the real purpose of the workers’ compensation system. Within the workers’ compensation context, the issues are more complex and nuanced.

Commissions 52

Commissions Workers’ Compensation Medical Compensation System 52

Workers' Compensation Perspectives

APRIL 29, 2024

The threshold for STD, LTD and SSDI is “disability” from employment while workers’ compensation claims must first establish a work-related cause before considering the issue of disability. I could not find a study quantifying overlaps and possible substitution of sick leave, social insurance for workers’ compensation mental injuries.

Disability Insurance 52

Disability Insurance Workers’ Compensation Insurance Pension 52

Workers' Compensation Perspectives

FEBRUARY 16, 2024

Exclusive Remedy Workers’ compensation is considered a form of “social insurance” and operates based on a social contract between management and labor. It stipulates that workers’ compensation serves as the “exclusive remedy” for occupational injuries and diseases. of total employment and 87.3%

Workers’ Compensation 52

Workers’ Compensation Insurance Deductible Deductions 52

The Workcomp Writer

NOVEMBER 11, 2024

Personal Observation In 1977, I stood before the North Carolina Industrial Commission as a young workers’ compensation defense attorney, barely a year into practice, challenging a deputy commissioner’s credibility determination. 6, 2024), illustrates how this tension continues to shape workers’ compensation practice.

Workers’ Compensation 52

Workers’ Compensation Commissions Medical Compensation System 52